The defendant is charged [in count
___] with bid rigging. The statute defining this offense reads in pertinent
part as follows:

no (person / firm / corporation /
association / partnership) who bids, or intends to bid, for any contract to be
awarded by any (commission, agency, or department / political subdivision) of
the state shall induce or attempt to induce any other (person / firm /
corporation / association / partnership) (to submit / not to submit) a bid or
proposal for the purpose of restricting competition.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Made or intended to
make a bidThe first element is that the
defendant was a[n] (person / firm / corporation / association / partnership) who
made a bid or intended to make a bid, for a contract to be awarded by any
(commission, agency, or department / political subdivision) of the state.

For purposes of this statute, "person"
means a human being and, where appropriate, a public or private corporation, a
limited liability company, an unincorporated association, a partnership, or a
government or a governmental instrumentality. Under our law, a person is
criminally liable when (he/she) performs or causes to be performed in the name
of or in behalf of a corporation or a limited liability company, conduct
constituting an offense.1

The state must also prove that the
defendant submitted a bid or intended to submit a bid for a public contract. A
"bid" or "proposal" means the submission of prices by persons, firms or
corporations competing for a contract to provide supplies, materials, equipment
or contractual services.2
The intent to submit a bid does not require the actual submission of the bid. A
person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

<Insert the applicable definitions:>

A "commission,
agency or department of the state" includes any commission, agency, department,
officer, board, council, institution or other agency of the state government.3

A "political
subdivision of the state" means any city, town, borough, municipal corporation,
school district, regional district or other district or other political
subdivision of this state.4

Element 2 - Induced anotherThe second element is that the
defendant induced or attempted to induce another (person / firm / corporation /
association / partnership) (to submit / not to submit) a bid or proposal for the
contract. "Induce" means to move to action by persuasion or by influence.
Additionally, the state must prove that the defendant submitted (his/her) bid or
had the intent to submit a bid before (he/she) induced or attempted to induce
the other person or firm.

Element 3 - Intent to restrict
competitionThe third element is that the
defendant specifically intended to restrict competition for the said contract.
"To restrict" means to limit.5
"Competition" means the effort or action of two or more commercial interests to
obtain the same business from third parties.6

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant was a[n] (person / firm /
corporation / association / partnership) who bid or intended to bid, for a
contract to be awarded by any (commission, agency, or department / political
subdivision) of the state, 2) the defendant induced or attempted to induce
another (person / firm / corporation / association / partnership) (to submit /
not to submit) a bid or proposal for said contract, and 3) the defendant
specifically intended to restrict competition for the said contract.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of bid
rigging, then you shall find the defendant guilty. On the other hand, if you
unanimously find that the state has failed to prove beyond a reasonable doubt
any of the elements, you shall then find the defendant not guilty.
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